Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:07—cv—00045-SLR-LPS Document 17 Filed 03/13/2007 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Johnnie M. DuBose, )
) C. A. No. 07-45***
Plaintiff} )
)
)
v. )
)
Michael Walsh, New Castle County Sheriff )
in his official capacity, American Business )
Credit Inc., Robert K. Beste, Jr. and Maggie )
Clausell .
MOTION TO SUPPLEMENT DEFENDANTS MICHAEL WALSH AND
NEW CASTLE COUNTY’S MOTION TO DISMISS
Defendants Michael Walsh, in his official capacity as Sheriff of New Castle County and
New Castle County by and through their attomey, respectfully move pursuant to @. R. @. L
l5(d), to supplement the initial Motion to Dismiss and Opening Brief in support of the Motion to
Dismiss tiled by Donald L. Gouge, Jr. In support of this motion Defendants offer the following:
Initially, Donald L. Gouge, Jr. was representing Michael Walsh, and the New Castle
County Sheriff Mr. Gouge routinely represents the Sheriffs Office in certain matters including
but not limited to sheriff s sales. Therefore, Mr. Gouge filed a Motion to Dismiss on behalf of
Michael Walsh and the New Castle County Sheriff It was later determined that the New Castle
County Department of Law would provide representation to Michael Walsh and New Castle
County. Ir1 addition to the reasons stated in the Opening Brief of Defendants Michael Walsh and
the New Castle County Sheriff there are additional reasons the instant Complaint should be
dismissed. Therefore, by and through the undersigned counsel Michael Walsh and New Castle
County respectfully request leave of the Court to supplement the initial Motion to Dismiss and
l

Case 1:O7—cv—OOO45-SLR-LPS Document 17 Filed 03/13/2007 Page 2 of 4
Opening Brief in support thereof iiled with the Court.
/s/ Michele D. Allen
Michele D. Allen, (I.D. No. 4359)
Assistant County Attomey
New Castle Cotmty Law Department
87 Reads Way
New Castle, Delaware 19720
(302) 395-5130
Attorney for Defendants Michael Walsh and New
Castle County
Dated: March 13, 2007
2

Case 1:O7—cv—OOO45-SLR-LPS Document 17 Filed O3/13/2007 Page 3 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Johnnie M. DuBose, )
) C. A. No. 07-45***
Plaintii}, )
)
)
v. )
)
Michael Walsh, New Castle County Sheriff; )
in his oilicial capacity, American Business )
Credit [nc., Robert K. Beste, Jr. and Maggie )
Clausell
ORDER
AND NOW this day of , 2007, it
is hereby ORDERED AND DECREED that Defendants Michael Walsh and New Castle
County’s Motion to Supplement the Motion to Dismiss is GRANTED.
J.

Case 1:O7—cv—OOO45-SLR-LPS Document 17 Filed O3/13/2007 Page 4 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Johnnie M. DuBose, )
) C. A. No. 07-45***
Plaintiff )
)
‘ )
v. )
)
Michael Walsh, New Castle County Sheriff, )
in his official capacity, American Business )
Credit Inc., Robert K. Beste, Jr. and Maggie )
Clausell
CERTIFICATE OF SERVICE
I, Michele D. Allen, Assistant County Attorney hereby certify that on March 13,
2007, I sent copies via U.S. Mail postage prepaid to Pro se plaintiff and cotmsel as follows as
well as electronically filed the foregoing "Motion to Supplement Defendants Michael Walsh and
New Castle County’s Motion to Dismiss" with the Clerk of the Court using CM/ECF which will
send notification of such filing to the following:
Johnnie DuBose Robert K. Beste, Jr., Esq.
4 Teakwood Lane Cohen, Seglias, Pallas, Greehnill & Furman, P.C.
Wilmington, DE 19801 Nemours Building, Suite 1130
1007 Orange Street, Wilmington, DE 19801
Donald L. Gouge, Jr., Esquire
Heiman, Gouge & Kaufman, LLP Paul Cottrell, Esquire
P.O. Box 1674 Tigh & Cottrell, P.A.
Wilmington, DE 19899 704 King Street, Box 1031
1 Customs House
Wihnington, DE 19899
/s/ Michele D. Allen
MICHELE D. ALLEN,
Assistant County Attomey
(Delaware Bar No. 4359) ‘
New Castle County Law Department
87 Reads Way
New Castle, DE 19720
Telephone: (3 O2)3 95-5 130
Attorney for Defendants Mchael Walsh and
New Castle County